ELBE FILE & BINDER CO. INC. v. FALL RIVER


329 Mass. 682 (1953)

110 N.E.2d 382

ELBE FILE AND BINDER CO. INC. vs. CITY OF FALL RIVER.

Supreme Judicial Court of Massachusetts, Bristol.

January 28, 1953.


Attorney(s) appearing for the Case

Isador S. Levin, (Benjamin Horvitz with him,) for the plaintiff.

John T. Farrell, for the defendant.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.


QUA, C.J.

In this action the plaintiff seeks to recover for failure of the defendant to perform its covenants to make certain repairs and improvements in a building of the "Cornell Mills," the second and third floors of which, with appurtenances, were purportedly leased by the defendant to the plaintiff by an indenture of lease, dated October 20, 1939, and containing also a covenant to convey the entire property to the plaintiff at the end of the term. The case was...

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